Legal Question in Medical Malpractice in Louisiana
who is entitled to the award/settlement of a malpractice lawsuit.
My mother died due to negligence of a doctor. My father and his lawyer have started the procedure of review by a medical review board as required by the state of Louisiana and the patient's compensation fund. As the only adult child I need to know who will this settlement/award be made payable to, the estate or my father? Also who is entitled to be listed as plaintiffs?
1 Answer from Attorneys
Re: who is entitled to the award/settlement of a malpractice lawsuit.
Whoever is listed as a complainant in the review panel process, will recover, just like a regular lawsuit. The children and spouse are equal in standing to sue for the injury/death of the spouse/parent. So, if you are not named, you need to either file your own or amend the complaint to include you. I suggest you speak with the attorney who filed the complaint. I find it hard to believe that he would leave the children out. However, since recovery in a medical malpractice action is limited, they may not need you to reach the maximum. If that is the case, you may find yourself on the outside looking in when the matter concludes. Remember you have 1 year from the discovery of the malpractice to file your complaint.
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